Court Below: United States Court of Appeals for the Fourth CircuitCitation: 675 F.3d 281Supreme Court Docket

Edward F. Maracich, et al. v. Michael Eugene Spears, et al.

Question Presented:

1. Whether the Fourth Circuit erred in holding, contrary to every other court heretofore to have considered the issue, that lawyers who obtain, disclose, or use personal information solely to find clients to represent in an incipient lawsuit -as opposed to evidence for use in existing or potential litigation -may seek solace under the litigation exception of the Act. 2. Whether the Fourth Circuit erred in reaching the conclusion (in conflict with prior precedent) that a lawyer who files an action that effectively amounts to a "place holder" lawsuit may thereafter use DPPA-protected personal information to solicit plaintiffs for that action through a direct mail advertising campaign on the grounds that such use is "inextricably intertwined" with "use in litigation."